Allowed

Dina Wadia v. the Union of India through Ministry of External Affairs and 5 Ors. and Nusli Neville Wadia (Applican

Bombay HC8 Aug 2018CHSW/281/2017

Case brief

AI extract

What is this about?

Single Judge allowed a chamber summons to permit substitution of the applicant as the original petitioner's legal heir to amend a writ petition, keeping the lack of probate issue open for future hearing.

What did the court decide?

Chamber summons allowed; substitution of applicant permitted; amendment to petition ordered within one week; re-verification dispensed with.

Dina Wadia Vs the Union of India through Ministry… — Succession and Inheritance | Bombay HC (2018)

¶1

3 chsw 281.17.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 281 OF 2017 IN

¶3

WRIT PETITION NO.1578 OF 2007

¶4

Nusli Neville Wadia …..Applicant In the matter of Dina Wadia …..Petitioner versus The Union of India and ors. …..Respondents

¶5

Mr. D. J. Khambata, senior advocate along with Mr.Arif Doctor, Ms. Rujata Patil and Ms. Niyathi Kalza I/b. Negandhi Shah and Himayatullah, advocate for the applicant.

¶6

Mr. A. M. Sethna along with Ms.Ruju Thakker I/b. Mr. Vinod Joshi, advocate for respondent Nos.1 to 3 – UOI. Mrs. P. H. Kantharia, GP along with Ms. Deepali Patankar, AGP for the State.

¶7

Mr. Shariane Momin I/b. Judicare Law Associates, advocates for respondent Nos.5 and 6.

¶8

CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ. DATE : 8^th AUGUST, 2018.

¶9

P. C. :

¶10

The chamber summons is taken out for permission to substitute the applicant in place of the petitioner as her legal heir and representative and to carry out consequential amendment in the petition. The original petitioner expired on 2^nd November, 2017, leaving behind her last Will and testament dated 16^th April, 2009 relating to her properties and assets in India and the applicant is appointed as the

¶11

Shubhada S Kadam 1/2

¶12

Digitally signed by Shubhada Shubhada Shankar Shankar Kadam Kadam Date: 2018.08.09 10:59:46 +0530

¶13

3 chsw 281.17.doc

¶14

Executor of the said Will.

¶15

The learned counsel for respondent Nos. 1 to 3, however, submitted that since the applicant has not obtained the probate, he cannot be substituted in the place of the petitioner as her legal heir and representative. However, we are keeping this issue open to be agitated at the time of hearing of the petition.

¶16

In view of above and for the reasons stated in affidavit-insupport, we allow the chamber summons in terms of prayer clause (a). Necessary amendment be carried out within one week from today and amended copy of the petition be served upon all concerned.

¶17

Re-verification of the petition is dispensed with.

¶18

The chamber summons stands disposed of.

¶19

[SMT.ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.]

¶20

Shubhada S Kadam 2/2

Dina Wadia v. the Union of India through Ministry of External Affairs and 5 Ors. and Nusli Neville Wadia (Applican

Case brief

What is this about?

What did the court decide?

Dina Wadia v. the Union of India through Ministry of External Affairs and 5 Ors. and Nusli Neville Wadia (Applican

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Doric Infra Pvt. Ltd. Vs State of Maharashtra and 3 Ors.

Subhash Ramrao Sagar Vs the State of Maharashtra and 4 Ors.

The Satara District Cooperative Housing Society Federation Ltd. and Ors. Vs the State of Maharashtra and Ors.

New Safalya Sra Co-Operative Society Ltd. Vs the State of Maharashtra through Ministry of Housing and 9 Ors.

Rupesh Narayan Samge and Ors. Vs the Pune Metropolitan Region Development Authority, Pune and Anr.

Anita Bernadine Lewis Vs the State of Maharashtra, through the Collector and Ors.